South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 43A

43A—Assessment of impairment

        (1)         This section sets out a scheme for assessing the degree of impairment that applies to a compensable injury that results in permanent impairment.

        (2)         An assessment—

            (a)         must be made in accordance with the WorkCover Guidelines; and

            (b)         must be made by a legally qualified medical practitioner who holds a current accreditation issued by the Corporation for the purposes of this section.

        (3)         The Minister will publish guidelines (the "WorkCover Guidelines") for the purposes of section 43

and this section.

        (4)         The guidelines under subsection (3)

—

            (a)         must be published in the Gazette; and

            (b)         may adopt or incorporate the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time; and

            (c)         must incorporate a methodology that arrives at an assessment of the degree of impairment of the whole person; and

            (d)         may specify procedures to be followed in connection with an assessment for the purposes of this Division; and

            (e)         may have effect on a day specified by the Minister by notice in the Gazette; and

            (f)         may be amended or substituted by the Minister from time to time.

        (5)         The Minister must, before publishing or amending the WorkCover Guidelines, consult with—

            (a)         the Australian Medical Association (South Australia) Incorporated; and

            (b)         any other prescribed body.

        (6)         The Corporation will establish an accreditation scheme for the purposes of subsection (2)(b)

.

        (7)         The accreditation scheme—

            (a)         may provide for a term or period of accreditation, and for the suspension or cancellation of accreditation on specified grounds; and

            (b)         may specify terms or conditions of accreditation; and

            (c)         may be amended or substituted by the Corporation from time to time.

        (8)         An assessment of the degree of impairment resulting from an injury for the purposes of this Division must—

            (a)         be made after the injury has stabilised; and

            (b)         subject to subsection (9)

, be based on the worker's current impairment as at the date of assessment, including any changes in the signs and symptoms following any medical or surgical treatment undergone by the worker in respect of the injury.

        (9)         An assessment must take into account the following principles:

            (a)         if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury;

            (b)         impairments from unrelated injuries or causes are to be disregarded in making an assessment;

            (c)         assessments are to comply with any other requirements specified by the WorkCover Guidelines or prescribed by the regulations.

        (10)         An amendment or substitution in relation to the WorkCover Guidelines under subsection (4)(d)

will only apply in respect of an injury occurring on or after the date the amendment or substitution takes effect.

        (11)         A number determined under the WorkCover Guidelines with respect to a value of a person's degree of impairment may be rounded up or down according to any principle set out in the WorkCover Guidelines.